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2015-32 Bermello, Ajamil & Partners, Inc. Services Agreement for Park Design NE 188 Street Park Project RESOLUTION NO. 2015-32 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED SERVICES AGREEMENT FOR PARK DESIGN, ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN BERMELLO, AJAMIL & PARTNERS, INC. AND THE CITY OF AVENTURA FOR THE NE 188 STREET PARK PROJECT; AUTHORIZING MASTER PLAN PHASE II SERVICES IN THE AMOUNT OUTLINED IN EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Services Agreement for park design, architectural and engineering services between Bermello, Ajamil & Partners, Inc. and the City of Aventura for the NE 188 Street Park Project and authorizing Master Plan Phase II Services in the amount outlined in Exhibit "A. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Vice Mayor Cohen, who moved its adoption. The motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Enbar Cohen Yes Mayor Enid Weisman Yes Commissioner Teri Holzberg Absent City of Aventura Resolution No. 2015-32 Page 2 PASSED AND ADOPTED this 5th day of May, 2015. * * ‘ / / 'd7- M I I �� , �c • c. o� 5,,GC �� ENID WEISMAN, MAYOR ATTEST: ________ , ) -.. - ..-- ELLISA L. HORVATH, N CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: i CITY ATTORNEY EXHIBIT "A" FEES TASK I Geotechnical Services TASK II Schematic Design TASK III Construction Drawings TASK IV Opinion of Probable Cost TASK V Regulatory Permitting TASK VI Bidding Assistance Total Lump Sum Fees: $ 113,997.00 TASK VII Construction Administration Services Total based on time and material not to exceed $ 35,320.00 Reimbursable Expenses (estimated) $ 5,050.00 AGREEMENT Between THE CITY OF AVENTURA and BERMELLO, AJAMIL&PARTNERS, INC. CONSULTING SERVICES FOR PARK DESIGN,ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION ADMINISTRATION OF THE CITY OF AVENTURA NE 188'STREET PARK This Agreement is entered into by and between the City of Aventura ("City") and Bennello, Ajamil&Partners, Inc. ("Consultant")as follows: WHEREAS,the City has advertised for requests for proposals for the provision of professional park design, architectural and engineering services which include programming, site planning, schematic design documents,preliminary cost estimates,preparation of schematic design documents, design development and construction documents,as well as providing professional consulting services in connection with review of bid specifications,assistance in the award of a contract for development of, and construction phase services related to the development of the Aventura NE 188th Street Park, WHEREAS, Consultant has been selected as a successful proposer, and WHEREAS, the Aventura NE 188th Street Park (hereinafter alternately referred to as the Project)and this entire group of responsibilities shall be alternately referred to as Basic Services and General Design Services. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREOF, BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. Recitals The above recitations are true and correct and made a part hereof. SECTION 2. Services The Consultant shall provide the following services as authorized as Exhibits /Scope of Services to this document (initially Exhibit "A") and future phases contained in work authorizations SECTION 3. City's Responsibility 1. The City shall provide all relevant information at its disposal to the Consultant to assist the Consultant in the development of its required work under the contract. The Consultant may request other information in the City's possession which it deems relevant to its task as set forth herein. The City shall also furnish the following information if in City's possession or readily available: all boundary,right- of-way and utility surveys; easement and right-of-way descriptions; soil borings; probings and subsurface exploration;hydrographic surveys;laboratory tests and inspections of samples of materials in its possession. 2. The City shall provide input to Consultant with respect to all submissions and proposed specifications and shall direct the Consultant as to the proposed program of improvements,criteria for their use and construction budget information. 1 3. The City shall guarantee access to and make all necessary provisions for Consultant to enter upon public lands as required for Consultant to perform his work under this contract 4. The City shall examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by Consultant and shall render in writing decisions pertaining thereto in order to provide general direction to Consultant within a reasonable time so as not to unreasonably delay the work of the Consultant. Approval of any design by City shall constitute authorization by City to proceed based upon said design. 5. The City shall advertise for proposals from bidders to construct the Project or part thereof, open the proposals at the appointed time and place and pay for all costs incidental thereto. Provided, however, nothing herein shall obligate City to execute a fmal construction contract or to construct the Project;provided further the City reserves the right not to move forward with the bidding procedure. 6. The City shall provide such legal, fmancial, accounting and insurance counseling services as may be required for the Project 7. The City shall designate in writing a person to act as City's representative or to act for the City Manager where approvals and authorizations are required by the City Manager with respect to the work to be performed under this contract; such person shall have the complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to the work covered by this contract. 8. The City shall give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in the Project However,City shall be under no obligation to inspect or analyze any defect or other nonconformity with the Contract documents in the Project or to inspect the Work for defects or non-conformities. 9. The City shall be the applicant for all approvals from all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project,unless otherwise provided in the construction contract for the project. 10. The City shall furnish or direct Consultant to provide, at City's expense, necessary additional services as stipulated in Exhibit"B";attached and made a part hereto. 11. The City acknowledges that the Consultant shall rely on all documents and information provided by the City to the Consultant; and furthermore,that the Consultant will perform its services, taking into account all City provided information as being accurate and reliable. SECTION 4. Termination 1. This Agreement may be terminated by the City upon 30 days' notice to Consultant without cause. Consultant may not terminate this Agreement except upon a breach by the City,which is not cured upon 30 days'notice to City.Further,this Agreement may be terminated by mutual agreement at any time or,if for a period of 2 years no work shall have been required or performed hereunder this contract shall be voidable at the option of either party. In the case of any termination, the Agreement shall immediately 2 terminate, provided Consultant shall be paid for work performed and costs incurred to the date of termination. Other covenants support the non-mutual provisions of this paragraph. 2. If this Agreement is terminated for any reason, then Consultant's sole remedy shall be payment for all work performed in accordance with this agreement to the termination date, provided it delivers to the City a copy of all studies, reports, sketches, estimates, specifications, drawings,proposals, and other documents to provide the City with the work product for which Consultant was paid. All said studies,reports, sketches, estimates,specifications, drawings, proposals and other documents shall be the property of the City for use as the City sees fit,provided that Consultant shall not be responsible or liable for any causes of action related to changes in or alterations to its work product. SECTION 5. Consultant's Compensation Consultant shall be compensated as defined in the attached Exhibits /Scope of Services to this document and future phases contained in work authorization documents approved by the City. SECTION 6. General Terms 1. The work to be performed under this Contract shall in no case be assigned by Consultant except for City approved sub-consultants for structural,MEP and civil engineering,and irrigation system design or other services not related to architectural or landscape architectural design,all of whom shall be considered sub-consultants under the charge of Consultant,with no additional cost to City,which approval shall not be unreasonable withheld by City. 2. By execution of this contract, Consultant accepts full responsibility for performance of all conditions thereunder. Consultant assumes complete responsibility for the work of all entities or persons whom it retains,employs,subcontracts with,or associates in the performance of the work set forth herein. If Consultant uses the services of any sub-consultants,or other parties,or associates with any other entities or parties on the performance of the work required hereunder the use of such parties or entities or persons, or any negligent errors or omissions of those sub-consultants, entities or persons retained by Consultant shall not be a defense for lack of performance or any other cause of action related to the work. The failure to perform of any sub-consultants, or other parties or entities or persons having a contractual or other relationship with the Consultant(or its sub-consultants) shall not be a defense by the Consultant in any action by the City against Consultant or in any action where City claims that there is a defect in the work set forth herein;Consultant shall be fully responsible for the actions of all persons with whom it contracts or utilizes in the participation of the work performed herein. However nothing contained herein shall prohibit City from seeking damages from any other responsible parties. SECTION 7. Quality of Work Consultant shall provide a quality of work which shall provide competent and professional design, specifications, contract documents, and construction phase services to the standard of the architectural profession and such other professions (including engineering) involved in the Project, as fully intended for the purposes as set forth by the City and as set forth herein,and as would be expected of such a Project. It shall be Consultant's responsibility to review documents available relating to the Project,to review the site and site conditions, and to take any action which would be reasonably expected to provide the Consultant with knowledge necessary to develop a design and specifications, and follow through in the nature of construction phase services which will yield the result intended by the City. 3 SECTION 8. Work Products Required Work products required for each scope of service shall be as set forth in Exhibits/Scope of Services to this document and future phases contained in work authorizations approved by the City. SECTION 9. Time for Completion Time for completion shall be as set forth in Exhibits /Scope of Services to this document and future phases contained in work authorizations approved by the City.,which shall be binding on Consultant, except where delays are caused beyond the control of Consultant,or due to revision of the program of improvements or,design criteria which causes Consultant to revise previously approved and completed work. SECTION 10. Ownership of Work Product All work product as described above and as otherwise developed by Consultant shall be the property of the City. The City may use or distribute such work product in any way it deems appropriate. If such work products are modified or altered by the City or anyone else at City's request for any use other than their intended purpose the City shall indemnify and hold the Consultant harmless and shall defend the Consultant against any and all claims,causes of action or liability resulting from any such modification or alteration to Consultant's work product to the extent permitted by law. SECTION 11. Indemnity Consultant indemnifies and holds the City harmless and shall defend the City against any claims,causes of action,judgments or liability of whatsoever nature related to patent or copyright infringement related to the work designs and work product submitted pursuant to this Agreement Consultant shall indemnify and hold harmless City and City's officers and employees from any damage, liability, loss or cost, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,recklessness or intentional wrongful conduct of Consultant or other persons utilized by Consultant in performing the Services. This section shall survive the completion of the Project. SECTION 12. Performance All work performed by the Consultant, sub-consultants or those employed by consultant shall be of a professional quality which is the standard of the Architectural Profession and any other professional standards for other disciplines of any other sub-consultant or other parties employed by Consultant, and shall comply with the specific provisions contained herein. SECTION 13. Insurance Consultant shall comply with the insurance provisions defined in "Exhibit C" SECTION 14. Construction Budget 4 Consultant shall design the program of proposed improvements to conform to the budget as determined by the City, including use of Bid Alternates (and shall make appropriate design modifications to achieve this budget)at no additional cost to City.Consultant is acknowledged not to be responsible for failure to receive responsive bids because of construction industry conditions. Based upon recommendations of the Consultant, City may direct the Consultant to delete or revise items from the program of proposed improvements if cost estimates provided by Consultants indicate that construction costs will likely exceed the construction budget. SECTION 15. Compensation for Additional Services It shall be the burden of the Consultant to immediately notify (in writing) City of any claim that compensation should be increased and to demonstrate that the conditions have occurred which warrant City's authorization for additional services. The guidelines for additional services and compensation are outlined in Exhibit B. SECTION 16. No Work Stoppage As A Result Of Disputes: No Payment of Interest By City No dispute by Consultant shall provide a basis for Consultant to stop performing its work except as provided under Section 4, Termination, and paragraph 1. However, disputes as to the proportion of work complete or the right to any additional compensation shall not obviate the requirement of City to pay the amount it believes is reasonably due Consultant. Non-payment within 30 days of non-disputed invoices shall be considered breach of contract under this agreement, subject to notice under Sec. 4 (1). SECTION 17. Notices All notices required herein shall be in writing and either hand delivered or mailed certified,return receipt requested,to the following person at the address listed unless changed by written notice: CITY: CITY MANAGER CITY OF AVENTURA 19200 W. COUNTRY CLUB DRIVE AVENTURA,FLORIDA 33180 CONSULTANT: PROJECT MANAGER BERMELLO,AJAMIL&PARTNERS,INC. 2601 SOUTH AYSHORE DRIVE, 10TH FLOOR MIAMI,FLORIDA 33133 SECTION 18. Complete Agreement This is the complete agreement between the parties and no alteration hereto shall be given effect unless contained in a written agreement executed with equal dignity. SECTION 19. Warranties of Consultant 5 The Consultant hereby wan-ants and represents at all times during the term of this Agreement it shall maintain in good standing all required licenses,certifications and permits required under federal,state and local laws necessary to perform the services. SECTION 20. Prohibitions against Contingent Fess Consultant wan-ants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant,to solicit or secure this Agreement,and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for Consultant,any fee,commission,percentage,gift or any other consideration,contingent upon or resulting from the award or making of this Agreement SECTION 21. Governing Law This Agreement shall be construed in accordance with the laws of the State of Florida.Venue for any litigation hereunder shall be in Dade County, Florida. The parties hereby waive any right to a trial by jury concerning nay litigation between the parties which arises from this Agreement. SECTION 22. Effective Date This agreement shall be effective on the date the last party affixes its signature hereto. 6 AGREEMENT BETWEEN THE CITY OF AVENTURA AND BERMELLO,AJAMIL&PARTNERS, INC. for CONSULTING SERVICES FOR PARK DESIGN, ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION ADMINISTRATION OF THE CITY OF AVENTURA NE 188Th STREET PARK •:; � CITY OF AVENTURA . 4r. �i * i rte` ATTEST .` t t J By: Eric M.Soroka,City :er City Clerk E1 Za 1—• 001eVC-f+,, M M Date: t.46v./ _ APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY BERME11.0 r•1∎11 • 'ARTNERS,INC. By: --1 _ - - Date: may' 13(261g • SCOPE OF SERVICES EXHIBIT A City of Aventura - N.E. 188th Street Park - Design Development, Construction Drawings and Construction Administration Services Original Prepared April 1, 2015 Revised April 7, 2015 PARK AMENITY SELECTIONS ■ S Tw7R��.�73 � i ;' rn-- -� C7 . 14 , > , ALTRANVdWER BOX ;i} 1 I ' -,�,.r" 1.V •• -A , _ vo 1 t' - ; �'�` `���'� �� PARK SKiN BENCH LIGHT FIXTURE 1 `_\ E 4 f INOII SECURITY FENCE �!\��r ' = t IC, ^_ MI ! "- pir 1 •jr 111Ec` rR ; R�ya��' 13'.". Z�,� ovu EUr uwN •� --.c��•.- ",� 1/� crx+br - ro111111; .p.�! � � ■C,: t' 11111111111 1 ,`41i4 j COVERED EXERCISE AREA COVERED EXERCISE AREA .� L ',Irk t ..� - - o r FuroROUNO FENCE y _a i' w GUYGROUNOS *' ti-,o-..111t."1I PLAYGROUND/EXERCISE AREA WASTE HIGH TOP PARK EXERCISE FACILITY SHADE STRUCTURES RECEPTACLE TABLE I,r `/- ` /'�,.7,' �.. �` b'RKiH SECURITY FENCE . .d '� ...__._.. j :.:. 4 1 �J' m . -- • Y LANDSCAPE SETBACK _ -�. 7 w .- 4111111111111 BIKE RACK 6 PERIMETER SECURITY 3'PLAYGROUND FENCING FENCING 1111>a 10'20' 40' As requested, Bermello Ajamil & Partners Inc. (B&A) is pleased to provide this Scope of Services to the City of Aventura, Florida (Client). The Client desires to retain B&A to provide civil and electrical engineering, soil testing, structural design, landscape architectural design and cost estimating services for the implementation of the Aventura Park Master Plan. ( Illustrated above) PART I - PROJECT BACKGROUND, DESCRIPTION AND PROJECT TEAM This proposal provides the City of Aventura with a detailed Scope of Services for the development of a complete set of Construction Drawings and Specifications through to Construction Administration for the proposed park located on N.E. 188th Street in Aventura. The project site (1.5 Acres) is located on the south side of N.E. 188th Street immediately west of the new condominium project, called Echo which is still under construction. The site is presently utilized by the adjacent condominium developers for a sales office, parking and construction trailers. The condominium development will vacate the leasing office/trailers • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES- PHASE 2 8 • SCOPE OF SERVICES in August, 2015, and the City estimates construction of the park to begin in October 2015. As part of the agreement with the City, the Echo Developer will design and construct a waterfront pedestrian promenade along the entire water frontage on the south side of the site. The walkway will be linked to the existing promenade to the West and a proposed promenade to the East. B&A was retained to develop a Park Master Plan in Phase 1 which is illustrated above and approved by City Council. Work under this proposal will be considered Phase 2. The Client has approved the Phase 1 Master Plan as shown above and would like B&A to prepare civil engineering, lighting, hardscape, landscape and irrigation construction drawings for the park. The Client also wishes B&A to provide: 1. Geotechnical services, which are necessary in order to prepare CD's suitable for bidding and permitting. 2. Utility coordination as needed for design purposes 3. Regulatory permitting limited to Miami Dade County 4. Opinions of probable cost following the 100% CD submission 5. Written technical specifications 7. Bidding assistance. 8. Construction Administration Services TEAM ORGANIZATION On Attachment B, we have provided an organizational chart which illustrates the structure of the Design Team we propose for Phase 2. The team members are the same members that were provided to the City of Aventura in our original response to the City's RFP #14-8- 09-2.The services of two team members were not included in the Phase 2 scope of services. These are Tom Graboski and Associates and E-Sciences Inc.This Scope of Services does not include any signage and wayfinding design or environmental design or permitting. The Client is the owner of the property. The estimated construction budget for the project is $1,400,000.00. Should the actual construction budget increase by more than $15,000.00 B&A shall revise the proposed fees for the additional scope of work based on the actual increased amount. • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES-PHASE 2 9 • SCOPE OF SERVICES PART II - SCOPE OF SERVICES TASK I - Geotechnical Services: The Geotechnical Services include: 1. The review of existing available data pertaining to the proposed park improvements such as the Soil Survey of Miami-Dade County Area, Florida, published by the United States Department of Agriculture (USDA), and the USGS quadrangle survey map for the project vicinity. This data will be supplemented, with additional geotechnical explorations and laboratory testing programs and will be used for performing geotechnical-engineering analyses in order to provide recommendations for the proposed park improvements. 2. Execution of the field and laboratory testing programs as well as geotechnical engineering evaluations. The field exploration and laboratory testing programs will generally consist of providing the following services: Field Exploration and Laboratory Testing Programs a. Perform site reconnaissance, locate and coordinate for existing utilities that may interfere with the drilling operations. b. Perform a series of Standard Penetration Test (SPT) borings to explore the subsurface conditions at the project site. A total of three (3) SPT borings will be performed to depths of 20 feet below existing grades for the proposed playgrounds and tensile structure over the playgrounds. The SPT borings shall be performed utilizing a truck-mounted drill rig. The SPT boring procedure shall be performed in accordance with ASTM D-1586. A geotechnical engineer shall examine all recovered soil and rock samples in the laboratory to confirm the field classifications. c. Perform borehole percolation testing to determine the hydraulic conductivity (k) values for use in drainage evaluations and design. Based on the requested scope of services, a total of two (2) percolation tests shall be required to depths of 10 feet below existing grades. The percolation testing shall be performed in accordance with South Florida Water Management District (SFWMD)'s usual open-hole procedures. d. Visually classify all soil samples to develop a soil legend based on the samples obtained from the field exploration program. e. Perform a limited number of laboratory classification tests to confirm the visual classification of the soil samples.The laboratory testing will include moisture content, percent passing the No. 200 sieve, grain-size analysis, and organic content determination. 3. The field and laboratory data shall be used in performing the geotechnical engineering • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES- PHASE 2 10 • SCOPE OF SERVICES evaluations and developing geotechnical engineering recommendations for the proposed park improvements. The findings shall be summarized in a geotechnical report and will contain the following items: a. Project location map. b. Methodology used for performance of field exploration testing. c. Results of subsurface exploration, including SPT N-values, groundwater depths and field testing. d. Test boring records. e. Hydraulic conductivity (k) values based on the results of the borehole percolation testing. f. Evaluation of the results of the SPT boring information. g. Results of the laboratory classification testing. h. Site preparation recommendations. i. Recommendations regarding feasible foundation types and bearing capacity. j. General location and description of potential deleterious materials encountered in the borings, which may interfere with construction progress, including existing fill materials, organic soils, and plastic soils. k. Discussion of critical design or construction considerations based on the subsurface and groundwater conditions developed from the results of the geotechnical investigations. I. Any other information or recommendations the Geotechnical Engineer deems necessary based on the results obtained from the subsurface exploration program. Deliverables for Task I, Geotechnical Services-As a result of this task, BSA shall produce the following: - One (1) 8 %" X 1 1" black and white copy of the geotechnical report Task II - Schematic Design B&A shall prepare schematic development plans based upon the approved master plan design and budget. The schematic design shall include suggested light fixtures, site furnishings and hardscape finishes and patterns, up to three (3) graphic sketches that convey the design character or illustrate particular elements of the project such as paving design or safety surface pattern, up to two (2) sections illustrating grading and changes in elevation and fencing design and a landscape plan identifying proposed plant massing by type/species. Review Meeting - following completion of the Schematic Design, B&A shall make one (1) presentation to the Client of the final park items and design elements listed above. Deliverables for Task II -Schematic Design - As a result of this task, BA shall produce the • N.E. 188TH STREET PARK-DESIGN DEVELOPMENT SERVICES-PHASE 2 11 • SCOPE OF SERVICES following: - One (1) 1 1" X 17" color plan, at 1" = 30'-0", identifying proposed plant massing, site features and theming - Thee (1) 11" X 17" color illustrative graphic sketches (up to three (3)) - Two (2) 1 1" X 17" color sketches illustrating grading and or changes in elevation (up to two (2)) - Up to twenty (20) 8 1/2" X 1 1" cut sheets of site furniture and features - One (1) copy of a board or powerpoint presentation of the schematic design solutions - One (1) 8 1/2" X 11" black and white PDF copy of Minutes from the Schematic Design Review meeting. TASK III -Construction Drawings: 75% Construction Drawings - Based on the approved master plan, the schematic design Task and the information provided in the geotechnical report, B&A shall prepare 75% construction drawings at appropriate drawing scales. Engineering drawings shall include paving, grading and drainage plans, the site dimension plan, as well as the preliminary infrastructure design. Plans shall be prepared in accordance with the City of Aventura and Miami Dade County requirements. Landscape plans shall include trees, shrubs and groundcover locations shown on plans, plant installation details and a detailed plant materials list. B&A shall provide a list of technical specification sections. Preliminary Irrigation plans shall be prepared and submitted at the 75% stage of completion. 75% CD's Review meeting - B&A shall attend one (1) meeting with the Client to review the final 75% construction document submittal. The Client shall provide B&A one (1) consolidated list of comments or changes. Minor revisions shall be incorporated into the documents during the next phase of work. Major changes that represent a significant departure from the approved master plan design program and budget shall be completed on a time and materials basis. B&A shall prepare and distribute via e-mail, minutes from the 75% review meeting. 100% Construction Drawings - Based on comments received from the Client and the elements detailed in the 75% Construction Drawings, B&A shall finalize the construction drawing set in preparation for Bidding. The civil engineering plans shall include Stormwater Pollution Prevention Plans which meet the requirements of the regulatory agencies. This plan shall include standard details and notes. 100% CD's Review meeting- B&A shall attend one (1) meeting with the Client to review the final submission of the 100% construction documents. The Client shall provide B&A one (1) consolidated list of comments or changes. Minor revisions shall be incorporated into the documents issued for bidding. Major changes that represent a significant departure from the approved master plan design program and budget shall be completed on a time and • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES- PHASE 2 12 • SCOPE OF SERVICES materials basis. B&A shall prepare and distribute via e-mail, minutes from the 75% review meeting. B&A shall prepare and distribute via e-mail, minutes from the 100% review meeting. Deliverables for Task III Construction Drawings-As a result of this task, B&A shall produce the following: - One (1) 24" X 36" black and white PDF 75% Engineering Drawings including General Notes, Demolition Plan, Dimensional Site Plan, Grading, Drainage and Paving Plan, Sections, General Details. One (1) 24" X 36" black and white PDF 75% Landscape Construction Drawings One (1) 8 1/2" X 1 1" black and white PDF copy of 75% List of Technical Specification Sections One (1) 8 1/2"X 1 1" black and white PDF copy of Minutes from 75%CD's review meeting - One (1) 24" X 36" black and white PDF copy of 75% Irrigation Construction Drawings - One (1) 8 1/2" X 1 1" black and white PDF copy of 90% Technical Specifications - One (1) 8 1/2"X 1 1" black and white PDF copy of Minutes from 90%CD's review meeting - One (1) 24" X 36" black and white PDF 100% Engineering Drawings including General Notes, Demolition Plan, Dimensional Site Plan, Grading, Drainage and Paving Plan, Sections, Sedimentation/ Erosion Control Plan, Sedimentation/Erosion Control Details, General Details, Stripping and Pavement Signage One (1) 24" X 36" black and white PDF 100% Landscape Construction Drawings One (1) 24" X 36" black and white PDF copy 100% Irrigation Construction Drawings - One (1) 8 1/2" X 1 1" black and white PDF copy of 100% Technical Specifications - One (1) 8 1/2"X 1 1"black and white PDF copy of Minutes from 100%CD's review meeting - One (1) 24" X 36" black and white PDF copy construction drawings "Issued for Construction". TASK IV- Opinion of Probable Cost: 100%Opinion of Probable Cost- B&A shall prepare a detailed 100%construction documents opinion of probable cost following submission of the 100% Construction documents to the Client. Deliverables for Task IV Opinion of Probable Cost-As a result of this task, B&A shall produce the following: - One (1) 8 1/2" X 1 1" black and white PDF copy of a 100% opinion of probable cost document TASK V- Regulatory Permitting: Regulatory Permitting - Upon receipt of the Client's approval of the respective plans listed above, B&A shall prepare the permit applications and support data for the applicable regulatory agencies. • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES-PHASE 2 13 • SCOPE OF SERVICES The CONSULTANT shall prepare and submit the permit applications for the construction of the site improvements and process them through the following regulatory agencies. Miami-Dade County Department of Environmental Resource Management (DERM) - Environmental Resource Permit (ERP) Surface water management City of Aventura Public Works Department • Engineering Plan approval and any comments that are generated by the City pertaining to the Plans shall be addressed • Landscape Plan approval and any comments that are generated by the City pertaining to the Plans shall be addressed If additional permits are required, Consultant shall process them and the fees for these additional services will be submitted to the Client as additional services under a contract addendum if required. If any other agencies are identified as required to approve the project, an amendment to this agreement shall be prepared. B&A shall coordinate the processing of the applications through the regulatory agencies, including attendance to a limited number of meetings (up to two (2) with the agencies that may be necessary to receive the approval. Within this service are up to two (2) meetings or conference calls with each of the regulatory agencies, one (1) submittal of the applications and supporting documents, two (2) responses to agency comments. In order to minimize travel, meetings shall be scheduled when possible with multiple agencies together. Meetings required beyond these shall be handled as an additional service, and billed in accordance with our Standard Hourly Rates.The Client shall be financially responsible for all application and/or filing fees required by the agencies. Any other permits that may arise during the design or review process, and not outlined above, shall be handled as an additional service, and billed in accordance with our Standard Hourly Rates. Deliverables for Task V Regulatory Permitting -As a result of this task, B&A shall produce the following: - One (1) 24" X 36" black and white signed and sealed copy of the City of Aventura Public Works Permit Application - One (1) 24" X 36" black and white signed and sealed copy of the Miami Dade County Plan Approval application and associated drawings TASK VI - Bidding Assistance: Bidding Assistance - B&A shall attend one pre bid meeting organized by the Client. The preparation of a detailed bid form by B&A is not included in this scope of work. The Client is responsible for advertising, request for bids, receiving bids and reviewing bids. • N.E. 188TH STREET PARK-DESIGN DEVELOPMENT SERVICES-PHASE 2 14 • SCOPE OF SERVICES Response to Contractor Questions - B&A shall respond in writing to contractor questions submitted during the bidding process. The Client shall be responsible for issuing any necessary addenda. Deliverables for Task VI Bidding Assistance -As a result of this task, B&A shall produce the following: - One (1) 8 %2" X 1 1" black and white PDF copy of written responses to contractor questions TASK VII -Construction Administration Services Submittal Review - B&A shall review and comment on up to fifteen (15) shop drawings, samples, and other data and reports, which the selected contractor is required to submit for review.This review shall only be for conformance with the design concept of the project and compliance with the information provided on the Contract Documents. Such review shall not extend to methods, means, techniques, construction sequence(s), procedures, or to safety precautions and related programs. It is assumed that the shop drawings shall be handled through digital means such as e-mail or contractor managed/initiated third party construction management web site (such as Submittal Exchange). Substitutions - B&A shall review and consider substitutions suggested by the Contractor. Considerations shall be made based and the substituted item being of equal or greater value to what is specified in the Contract Documents. Responses to RFI's - B&A shall respond to and provide clarifications and interpretations of the Contract Documents as needed and requested by the Contractor or Client. It is assumed that RFI's shall be handled through digital means such as e-mail or contractor managed/initiated third party construction management web site (such as Submittal Exchange). Site Visits and Meetings - B&A shall attend site visits and meetings (concurrent)once every month for the duration of the construction period estimated to be six (6) months long. (Total of six (6) site and project meetings). During the site visits B&A shall become familiar with the progress and quality of the Contractor's work and to determine if said work is generally proceeding in accordance with the Contract Documents and also be present to discuss issues or topics on site. Each site visit shall be summarized by a detailed field report that outlines observations, activities and any work B&A determines to be in non-conformance with the Contract Documents. B&A shall not be responsible for scheduling or coordinating meetings with the contractor or for producing minutes afterwards. This activity does not include Civil Engineer Inspections listed below. Additional site and/or project meetings requested by the Client, the contractor or due to construction delays shall be handled as an additional service, and billed in accordance with our Standard Hourly Rates. • N.E. 188TH STREET PARK-DESIGN DEVELOPMENT SERVICES- PHASE 2 15 • SCOPE OF SERVICES Civil Engineering Inspections&Tests- The Consultant shall observe the utility testing required as part of the final certification to the regulatory entity responsible for that utility. Other parties are responsible for and will perform the actual testing. Materials testing, density tests, and other construction testing services are not included. The project Civil Engineer shall visit the site up to four (4) times as part of the final certification to the regulatory agencies. Other parties are responsible for and shall perform the actual testing. Re- inspection due to failed tests or the Contractor's failure to perform, or additional testing due to the Contractor's additional phasing of the project shall be billed on an hourly basis. Each Inspection shall be summarized by an Observation Memo. This service shall be completed in addition to Site Visits and Meetings. Substantial Completion Walk Through - B&A shall visit the site one (1) time to conduct a Substantial Completion Site Inspection to determine if the completed work by the Contractor is in general accordance with Contract Documents and shall provide a punch list of outstanding issues that need to be completed/corrected.This service shall be completed in addition to Site Visits and Meetings. Final Engineering Certification - B&A shall review the record drawings provided by the Contractor or obtained by other means agreed to by the Client.The preparation of record drawings by B&A is not included. Upon satisfactory review of the record drawings, the Consultant shall prepare and submit the final certification packages to the applicable agencies. This service shall be completed in addition to Site Visits and Meetings. Final Completion Walk Through- B&A shall visit the site one (1) time to conduct/complete a Final Completion Inspection to determine if the completed work by the Contractor is in general accordance with Contract Documents and that all punch list items have been resolved. B&A shall provide a Final Completion Notice to the Client once the project is deemed to be in full accordance with the Contract Documents. This service shall be completed in addition to Site Visits and Meetings. Additional inspections or walk-throughs required due to contractors inability to complete all punch list items the first time shall be billed to the Client on an hourly basis. Note: The fees do not include Construction Observation and Certification Services for improvements outside the project limits Deliverables for Task VII, Construction Administration Services. -As a result of this task, B&A shall produce the following: One (1) 8 %2" X 1 1" black and white Substantial Completion Punch List One (1) 8 Y2" X 1 1" black and white Final Engineering Certification One (1) 8 %2" X 1 1" black and white Final Completion Notice • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES- PHASE 2 16 • SCOPE OF SERVICES PART III - COMPENSATION B&A shall bill the Client a lump sum fee for Tasks I through VI for the Scope of Services listed below. Reimbursable expenses shall be billed in addition to the fee and billed at actual costs and include, but not be limited to, photocopies and printing, postage and shipping, long distance telephone, faxes and all travel related expenses. Expenses and trips associated with travel to the project site shall be billed as reimbursable expenses. TASK I Geotechnical Services $ 6,200.00 (Lump Sum) TASK II Schematic Design $ 13,205.00 (Lump Sum) TASK III Construction Drawings $ 76,767.00 (Lump Sum) TASK IV Opinion of Probable Cost $ 6,065.00 (Lump Sum) TASK V Regulatory Permitting $ 7,450.00 (Lump Sum) TASK VI Bidding Assistance $ 4,310.00 (Lump Sum) Total Lump Sum Fees $ 113,997.00 (Lump Sum) TASK VII Construction Administration Services $ 35,320.00 (T&M - NTE) Total T&M NTE Fees: $ 35,320.00 (T&M NTE) Reimbursable Expenses (estimated) $ 5,050.00 (Reimbursable expenses are not included in the above Total Lump Sum or T&M NTE Fees) PART IV - SCHEDULE B&A is prepared to provide the Design Services immediately upon receipt of this executed Scope of Services and Purchase Order. B&A, in consultation with the Client, shall perform its work in such a manner as to comply with an agreed upon schedule. PART V - ADDITIONAL SERVICES B&A shall provide Additional Services to the Client at an agreed upon fee. Items specifically not included in this scope: 1. Full color overall plan views or perspective renderings 2. Architectural design services 3. Additional project meetings 4. Additional site visits 5. Additional concepts 6. Additional revisions • N.E. 188TH STREET PARK-DESIGN DEVELOPMENT SERVICES- PHASE 2 17 • SCOPE OF SERVICES 7. Detailed bid form 8. Design or construction drawings related to waterfront promenade walkway, furniture or lighting 9. Public meetings or presentations 10. Changes to plans following approval of the design development plans. • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES - PHASE 2 18 • PHASE 2 - DESIGN TEAM EXHIBIT B • PRIME CONSULTANT BERMELLO AJAMIL & PARTNERS,INC. LUIS AJAMIL,P.E. QA/QC nncal in Charge JORGE FERRER RANDY HOLLINGWORTH ro eC 'Manager' PRIME CONSULTANT BERMELLO AJAMIL & PARTNERS, INC. Landscape Architecture/Construction Administration KIRK J.OLNEY, RLA RANDY HOLLINGWORTH SUB-CONSULTANT TEAM KEITH,&ASSOCIATES INC. DELTA G CONSULTING ENGINEERS.INC. rs JAMES A.THIELE, P.E. GEORGE SAN JUAN,P.E.,LEED AP TRACI R.SCHEPPSKE,CGC,CM-BIM LEED AP STEPHEN BENDER P.E.,LEED AP MICHAEL MOSSEY,PSM NORELKIS ROMAN , e:ifl t.•' TR — ORLDWIDE ENGIN, ;I.G,INC. CMS-CONSTRUCTION MANAGEMENT SVCS. DEREK A.WASSINK,P.E.,R.A.,S KEITH EMERY LEED-AP rr a ran': -fra :. COLBORN DESIGN GROU• GEOSOL,INC. EUGENE W.COLBORN,JR. ORACIO RICCOBONO,P.E. Signoge and Wavfind na Environmen'ol Cons_Itant TOM GRABOSKI&ASSOCIATES,INC. E-SCIENCES,INC. TOM GRABOSKI DAVID STUART JUSTIN FREEDMAN,M.S. • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES - PHASE 2 19 • INSURANCE REQUIREMENTS EXHIBIT C Such policy or policies shall be without any deductible amount unless otherwise noted in this Agreement and shall be issued by approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Miami-Dade County, Florida. The vendor shall pay all deductible amounts, if any. The vendor shall specifically protect the City and by naming the "City of Aventura" as additional insureds under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. The official title of the certificate holder is the "City of Aventura." This official title shall be used in all insurance documentation. The Contractor shall purchase and maintain, in full force and effect for the life of the contract, at contractor's sole expense,the following insurance policies: 1. A business automobile policy (including automobile liability, garage keepers, and garage liability) which covers any vehicles used in connection with this agreement, regardless of whether the vehicle is owned, rented, hired or borrowed by the contractor. Minimum limits for bodily/property damage liability shall be One Million Dollars ($1,000,000) per occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles, if applicable. Hired and Non-Owned Vehicles, if applicable. Employers'Non-Ownership, if applicable. 2. A Comprehensive general liability policy shall be provided which shall contain minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and/or operations and independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES - PHASE 2 20 • INSURANCE REQUIREMENTS 3. A workers' compensation and employer's liability policy which covers all of the contractor's employees to be engaged in work on this contract as specified by and in accordance with Chapter 440, Florida Statutes,as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. In addition,the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000) each accident. The contractor acknowledges that the City will not be held responsible for Workers' Compensation or medical care for any/all of the contractor's employees. 4. A crime policy or fidelity bond covering, among other things: theft, employee dishonesty, or embezzlement. The policy or bond shall have minimum limits of Five Hundred Thousand Dollars($500,000)per occurrence. The City of Aventura shall be named as additional insured on policies listed as 1-4 of the contractor's above required policies of insurance except for the Workers' Compensation insurance. The form and types of coverage and sufficiency of insurer shall be subject to approval of the City Manager. The contractor agrees to indemnify, defend and hold harmless the City of Aventura from and against any and all claims, suits,judgments, executions,and/or liabilities as to bodily injuries and/or property damages which arise or grow out of this contract or contractors performance or operations hereunder. Notwithstanding any other provisions of this solicitation, it is hereby provided that to the extent that Sec. 725.08, F.S., is applicable, the selected contractor/vendor shall indemnify and hold harmless the City and City's officers and employees solely to the fullest extent authorized by Sec. 725.08(1), F.S., which shall be deemed to be incorporated herein. The contractor shall, in its contract with the City, be required to indemnify and hold harmless the City and its officers, agents, employees and instrumentalities from any and all liability, claims, liabilities, losses, and causes of action, including attorneys' fees and costs of defense which the City or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind of nature arising out of, or relating to or resulting from the provision of professional services by the contractor and/or its officers, employees, agents or independent contractors. The contractor shall be required to pay all claims and losses in connections therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The City shall require that the contractor expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City and its officers, employees, agents or instrumentalities as herein provided. Copies of all policies or certificates of such insurance shall be delivered to the City, and said documentation shall provide for the City to be notified a minimum of thirty (30) days prior to any cancellation,termination,reduction or non-renewal of any required insurance policy. • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES - PHASE 2 21 • INSURANCE REQUIREMENTS The Contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of contractor's timely payment of each insurance policy premium as required by this contract. Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of the vendor is completed. All policies must be endorsed to provide the City with at least thirty (30) days' notice of expiration, cancellation, and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. The City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements based on insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work or specifications that affect the applicability of coverage. If the vendor uses a subcontractor, then the vendor shall ensure that subcontractor names the City as an additional insured. • N.E. 188TH STREET PARK- DESIGN DEVELOPMENT SERVICES - PHASE 2 22 • CERTIFICATE OF INSURANCE EXHIBIT D Client#:31137 BERMEAJA ACORD_,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/17/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(Ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this c•rtifice%does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 0,MEANT Esther Garcia USI Insurance Services,LLC-CL CNN EM),954 607.4093 (Ax 610 3624541 200 West Cypress Creek Rd#600 EMAIL Wc,Not: yp ADDRESS: Esther.Garcie@USi.biz Fort Lauderdale,FL 33309 INSURER(S)AFFORDING COVERAGE NAICE 954 607"4000 INSURERA:Hartford Casualty Insurance Com 29424 INSURED INSURERS:Twin City Fire Insurance Compan 29459 Bermello,Ajamil&Partners,Inc. INSURER C Continental Casualty Company 20443 2601 S Bayshore Dr Ste 1000 INSURER D: Miami,FL 33133-5437 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE JN�SR SUBR POLICY NUMBER (BUDdYVV1.)(OLIO c LIMITS A GENERAL LIABILITY X 21UUNKK3709 11/11/2013 11/11/2014 EACH OCCURRENCE :1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ee oExunDan.l $300,000 I CLAIMS-MADE In OCCUR MED EXP(Anyone person) 510,000 PERSONAL S ADV INJURY 51,000,000 GENERAL AGGREGATE s2,000,000 BENZ AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 52,000,000 POUCY I n LOC S A AUTOMOBILE LIABILITY X 21UUNKK3709 11/11/2013 11/11/2014 f EKED "GLE LIMIT 31,000,000 ANY AUTO BODILY INJURY(Per person) $ — ALL OWNED X SCHEDULED BODILY INJURY(Per accident) S UTOS X AREO AUTOS X NON-OWNED PROPERTY DAMAGE 3 AUTOS (Per scddent) UMBRELLA LW _OCCUR 11/11/2013 EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S DED I I RETENTIONS S B WORKERS COMPENSATION 21WBAG1371 11/11/2013 11/11/2014 X ITTIAIMRs I IE°R AND EMPLOYERS'LIABILITY ANY ECNTNEIYNII NIA E.L.EACH ACCIDENT 51,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 51,000,000 Da RjPTI Nunder _DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 31,000,000 C Professional Liab AEH288282231 11/11/2013 11/11/2014 $2,000,000 Per Claim Claims Made Retro Date 11/18/2006 Ded$100K $2,000,000 Aggregate A Fidelity Bond 21BDDEV0632 03/01/2013 03/01/2016 $500,000 Limit DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,d more space is required) Certificate holder is additional insured as respects to General Liability when required by written contract. Crime Coverage is inluded under General Liability policy CERTIFICATE HOLDER CANCELLATION City of Aventura SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 19200 West Country Club Drive ACCORDANCE WITH THE POLICY PROVISIONS. Aventura,FL 33180 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S13303282/M11240601 EMGER • N.E. 188TH STREET PARK - DESIGN DEVELOPMENT SERVICES- PHASE 2 23